Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Asset Pricing (1)
- Bargaining (1)
- Business Law (1)
- Corporation law (1)
- Corporations & Business (1)
-
- Economics of Dispute Resolution (1)
- Ethics (1)
- Expected Value (1)
- Fiduciary duty (1)
- Financial crisis (1)
- Law school education (1)
- Legal Bargaining (1)
- Legal Valuation (1)
- Legal education (1)
- Madoff (1)
- Markopolos (1)
- Negotiation (1)
- Pricing Legal Disputes (1)
- Risk in Settlement (1)
- SEC (1)
- Settlement (1)
- Settling Lawsuit (1)
- Teaching (1)
- Tort law (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
Robert Rhee
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Robert Rhee
The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee
Robert Rhee
This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert Rhee
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert Rhee
Robert Rhee
Conventional wisdom says that economic surplus is created when the cost of litigation is foregone in favor of settlement, a theory flowing from the Coase Theorem. The cost-benefit analysis weighs settlement against the expected value of litigation net of transaction cost. This calculus yields the normative proposition that settlement is a superior form of dispute resolution and so most trials are considered errors. While simple in concept, the prevailing economic model is flawed. This article is a theoretical inquiry into the selection criteria of settlement and trial. It applies principles of financial economics to construct a pricing theory of legal …